Femcare-Nikomed Limited undertakes to repair free of charge or (at its option) replace or refund or credit the value of goods or any part thereof which are defective by reason of faulty workmanship or the use of defective materials provided that:
The buyer gives Femcare-Nikomed Limited written notice detailing the alleged defect within 14 days of the date upon which the Buyer shall reasonably have become aware of the same and in any event within 12 months from the date of delivery;
Defective or damaged goods are promptly returned by the Buyer to Femcare-Nikomed Limited, carriage and insurance paid, in their original packaging (reasonable carriage expenses being refunded by Femcare-Nikomed Limited if it is held liable for the defect);
The goods have not been tampered with or show signs of unauthorised repair or damage caused by misuse, abuse or accidental dropping. Femcare-Nikomed Limited or its representative shall have had the opportunity to inspect the goods and be satisfied that the damage or defect existed at the time of delivery to the Buyer and has not arisen by reason of fair wear and tear, misuse, neglect or accident after the passing of risk to the Buyer;
If only some of the goods are defective as aforesaid the Buyer shall accept the remainder of the goods and be liable to pay the contract price pro-rata.
Subject as expressly provided in these conditions and except where the goods are sold to the person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute of common law are excluded to the fullest extent permitted by law.
Where the goods are sold under a consumer transaction (as defined by the Sale of Goods Act 1979) the statutory rights of the buyer are not affected by these conditions.
Save in respect of death or personal injury caused by Femcare-Nikomed Limited’s negligence and for liability arising under the Consumer Protection Act 1987 (which if proved is not excluded), Femcare-Nikomed Limited shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Femcare-Nikomed Limited, its employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by the Buyer, except as expressly provided in these conditions.
Limitation of Liabilities
The Company does not exclude liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
Notwithstanding the above, the Company shall have no liability to the Customer (whether for breach of contract, tort (including, but not limited to negligence), or for any breach of statutory duty) for any of the following losses or damages suffered or incurred by the Buyer:-
i) any loss of profit;
ii) any loss or damage to goodwill;
iii) any increased costs;
iv) any loss of revenue; and
v) any special, indirect or consequential losses or
to the above conditions, the Company's
total aggregate liability for all claims made by the Customer in
relation to the Contract (whether arising through a breach of contract,
tort (including, but not limited to, negligence) or any statutory
duty) shall not exceed the price payable by the Customer for the
Products giving rise to the claim.